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Justice of the Peace Tom Foulds, a 14-year veteran of Old City Hall, admitted to judicial misconduct Monday after being accused of using his position to get an old friend’s restaurant a clean record from public heath ahead of an upscale party.

A three-person justices of the peace review panel will now consider an appropriate penalty and whether Foulds should have his legal costs reimbursed out of public funds.

According to the agreed statement of facts, fancy midtown French restaurant Didier was closed for failing to maintain premises free of sewage backup on a Friday night last April.

Foulds — who asked the restaurant owner to keep him in the loop — was present during the re-inspection the following night.

He told the two public health inspectors that he was there to help interpret for the restaurant owner, though all the conversation took place in English. One of the inspectors recognized Foulds as a justice of the peace, having appeared before him in court on public health matters in the past.

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The inspectors found the sewage backup problem was fixed and allowed the restaurant to reopen. However, the DineSafe pass which must be displayed still noted that the restaurant had been closed.

Foulds asked the inspectors to remove the mention of the closure, something that would contravene city DineSafe regulations.

Foulds told the inspectors Didier was hosting an important LCBO party on Monday, where “many thousands of bottles of wine would be purchased,” according to the agreed statement of facts. Foulds would be attending the event along with friends and colleagues and he did not want them to see the result of the last inspection.

The inspector who recognized Foulds felt “intimidated and nervous.”

However, they did not change the notice, and the city’s director of healthy environments filed a complaint to the justices of the peace review council.

“Justice of the Peace Foulds now appreciates and understands that his actions could have been perceived as an attempt to influence or interfere in the course of action being undertaken in accordance with the laws to enforce health standards in relation to food safety,” says the agreed statement of facts. “He further agrees that his presence during the inspection and his intervention was inappropriate.”

Foulds has written letters of apology to both inspectors.

A decision on his penalty is expected Wednesday.

Brian Greenspan, the lawyer representing Foulds, recommends it be a warning. Other possible penalties include a reprimand, an apology, education or training, suspension with pay for any period, suspension without pay but with benefits for up to 30 days, or a recommendation for removal from office.

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